Family Law: Mediation
Divorce litigations are grueling and contentious, often creating an atmosphere of animosity and distrust between the two parties and their family involved. While litigation cannot be avoided in some cases, most families prefer to settle their issues using a more peaceful approach. Family mediation is an Alternate Dispute Resolution or ADR process that grants such individuals this option by avoiding lengthy court battles.
In mediation, the two parties involved and their respective attorneys meet in the presence of a mediator. The purpose of this process is to settle their divorce, along with other issues, respectfully and amicably. The mediator is a neutral third party that listens to both spouses’ demands and offers creative and fair solutions that work as a middle ground. Their experience allows them to negotiate to provide a resolution effectively. They offer suggestions to reach an agreement, but cannot make any decisions themselves. That power resides in the hands of the couple.
Mediation can be used to resolve family law matters like divorce, child custody, child support, parenting time, alimony, and property division. Cases involving children can be complicated. Litigation can be traumatizing to the child and stressful for the parents. As mediation allows the parties involved to make decisions themselves and exercise control over the outcome, it is much more congenial. It also allows the parents to keep friendly relations post-divorce, which is beneficial for the child.
Mediation is a process that lets the partners communicate and express their concerns with minimum or no conflicts. Compared to litigation, it has various benefits to offer, such as:
- The settlement is reached faster through mediation.
- It is cost-effective compared to litigation.
- Offers amicable resolution to divorce and other family law matters.
- The parties involved control the negotiations and the settlement, not the court.
- Offers more privacy.
While it is not required for the parties involved to hire an attorney, legal representation is beneficial and recommended. The mediator is a neutral third party that offers solutions that are agreeable to you both. But an attorney acts only in your best interests. Their job is to assess the proposed solution and how it impacts you. It may not be litigation, but negotiations in mediation still require due diligence and careful consideration. Having an attorney during the mediation process ensures you have access to legal advice before you make any decision. A lawyer can help you reach better terms in the settlement.
If you think you would like to settle your family law matters using mediation or need more information about the same, our experienced New Jersey attorneys can help you. Contact Bhuchar Law Firm to book a consultation.
Poonam Bhuchar, Esq. can assist you with mediating any of the following issues:
- Premarital Mediation
- Parenting Plan Mediation
- Divorce Mediation
- Limited Issue Mediation
- Modification/Post Divorce Mediation